This article is the third in a short series called Plaintiff 101: Things to Know Before, During and After Litigation.
When you have been injured as a result of someone else’s negligence, you may be entitled to receive compensation for “damages,” or what you have suffered and lost as a result of the incident. The amount of money you’re able to recover depends on exactly what happened and the permanent impact of your injury.
Below are the different types of legal compensation available to injury victims, broken down into three categories:
- Physical, mental and emotional injuries
- Injury-related needs
While an experienced attorney will more thoroughly explain the possible damages you may be able to recover in your unique lawsuit, this outline is a good overview of what you might discuss.
Physical, Mental, and Emotional Injuries
Disfigurement: Injury-related physical deformity or disfigurement, resulting in mental suffering
Permanent Disability: Lifelong disability as determined by a qualified medical professional
Mental Anguish: Severe emotional distress associated with the injury or the incident leading to the injury
Pain and Suffering: A monetary value placed on past and future physical pain related to the incident and/or injury, which is based on the nature and severity of the injury as well as the possibility of future pain
Medical Expenses: Bills and expenses for injury-related medical services, such as physicians, specialists, therapists, ER treatment, hospital stays, and more
Future Medical Expenses: A proven need for continued medical care for the injury, with a monetary value based on the professional opinion of the treating physician
Household Services: The cost of assistance around the house while the plaintiff recuperates
Lost Wages: The amount of money a plaintiff would have earned at his or her job, had the injury not occurred, from the date of the injury to the date of the conclusion of the lawsuit.
Lost Earning Capacity: The amount of money that might have been earned in the future if the injury had never occurred
Loss of Consortium: The loss of the advantages of married life after the injury occurred, including affection, companionship, sexual relations between the spouses, and more
Loss of Enjoyment of Life: The deprivation of enjoyment related to the daily pleasures of life, sometimes grouped with pain and suffering
Hopefully, this outline has provided an informative breakdown of possible damages you may be able to seek in your lawsuit. Of course, this post is not meant to replace a professional consultation or advice from a lawyer. If you’re thinking about filing a lawsuit, check out my post about choosing a good lawyer.
Please stay tuned for the next post in this series!
ABOUT JOHN BAIR
John Bair has guided thousands of plaintiffs through the settlement process as co-founder of Milestone Consulting, LLC, a broad-based settlement planning and management firm. Milestone’s approach is comprehensive and future-focused. John’s team has guided thousands of clients by taking the time to understand the complexities of each case. They assess the best outcome and find the path that enables each client to manage their many needs. Read more about Milestone Consulting at http://milestoneseventh.com/.
A West Point graduate where he served as captain and military aviator, John Bair continues his commitment to our country through his efforts within the settlement planning industry. He has represented families of victims lost in the Flight 3407 crash, offered pro bono services to the families of 9/11 victims and drafted the first consumer protection bill for plaintiffs (H.R. 3699).